On July 1, the Special Prosecutor, Enrique Sánchez Falcón, together with the president of PDVSA ad hoc Horacio Medina, rejected the decision to create a Council above the ad hoc boards. Medina described the decision as inexplicable, while Sánchez Falcón recommended revoking the agreement
Yon Goicoechea, legal advisor to the interim government of Juan Guaidó, assured that the agreement approved by the National Assembly in 2015, through the Delegate Commission for the restructuring and defense of Monómeros, for the creation of a National Council for the Protection of Assets in El Exterior, corrects many of the remarks made by the Special Prosecutor, Enrique Sánchez Falcón, such as the issue of the constitutionality of the National Assets Council.
On July 1, the Special Prosecutor, Enrique Sánchez Falcón, together with the president of PDVSA ad hoc Horacio Medina, rejected the decision to create a Council above the ad hoc boards. Medina called the decision inexplicable, while Sánchez Falcón recommended revoking the agreement.
In this sense, Goicoechea recalled that two agreements have been approved recommending the reorganization or restructuring of the Monómeros company, including its board of directors. “The United States made a series of recommendations as a result of the request to OFAC to renew the license to maintain operations in the midst of the sanctions that weigh on Venezuela.”
“In the previous agreement, this council was a body attached to the National Assembly and it was said that it was contrary to the very spirit of the transition statute, I think rightly so, because the legislative power was given administrative powers, that problem was corrected, in the agreement finally approved”, he said.
He affirmed that the National Assets Council is not an abstention body of the National Assembly, but an auxiliary body of the presidency of an administrative nature, which obeys a hierarchical position within the national executive power and below the president in charge.
“Consequently, there is no such unconstitutionality observed that the deputies pointed out, with good reason, based on reading the draft of the agreement that was finally corrected,” explained Goicoechea.
He also clarified, in relation to the criticism why it was necessary to create the National Assets Council when there was a Presidential Commission in charge of the protection of assets, he explained that this body was repealed, it does not exist, because at the time the The Government Center also repeals the commissions that were created, a decree that was eliminated in the last modification of the Transition Statute in January 2022.
He commented that Juan Guaidó has limited his capacity to remove directors of Monomers, because in the transition statute he does not have that competence, he has to have the approval of the legitimate National Assembly, which implies a negotiation between the parliamentary factions.
He also reported the inability of the interim government to be able to make decisions in a more timely manner, with respect to these state companies. From his point of view, the National Assets Council corrects some problems or at least clarifies them, because not all of them can be corrected, since the transition statute is an Organic Law, it has a superior entity from the legal point of view.
However, it affirms that the National Assets Council corrects some of the interpretation problems that have arisen, it presents several characteristics that allow filtering who may be in charge of the management of these state companies, the professional quality that must have each of its directors.
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